Hi. I am not sure if I should take prenup as an evidence to the green card interview. Would they consider it as a sign we are not a real couple and don't trust each other or that we were serious about the marriage? I am doing aos from a tourist visa.
We have 20 years difference in age and he is wealthy that's why we needed a prenup that states the amount I'm getting in case of divorce.
As has been said below, this is a judgment call, there is no 'right' answer, but a review of the document will tell a good lawyer what the reaction to the document is likely to be. This is the kind of judgment immigration lawyers have to make daily. This is one of the benefits of having an attorney.
Your case is a BIG RED FLAG even without the prenup - the 20 years of age difference and the lack of evidence about splitting assets - such as a house - will raise some eyebrows in Hartford. Do yourself a big favor and hire an attorney to review your case and accompany you to the interview. A lawyer can help you get alternative evidence that overcomes the prenup, age difference and lack of splitting assets. Feel free to contact me at our Hartford office with any questions.
I am personally rather fond of prenuptial agreements when it comes to evidence, particularly in cases like yours. The reason is he is both wealthy and the USC and it stipulates that upon divorce you will receive a certain dollar amount. Not typical behavior for a couple marrying solely for immigration benefits. Counter arguments could be made and I can think of several off the top of my head, but I will leave that up to my colleagues to argue.
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